Ou Yuezhu bought a border collie to foster with her friend Su Manjing, and when Xiao Yan, a 7-year-old girl, was playing on the platform in front of Su Manjing's rented house, the border collie dog without a leash and muzzle suddenly pounced and bit her left leg from behind.
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After that, Xiao Yan's parents sued Su Manjing to the court for compensation in Xiao Yan's name.
Not long ago, the People's Court of Yufeng District, Liuzhou City, made a judgment on this dispute over liability for damage caused by raising animals.
01 A pet dog bites a seven-year-old child
Su Manjing rents a house in Yurong Town, Yufeng District, Liuzhou City, because her daughter likes pet dogs very much, so Ou Yuezhu bought a border herd and fostered it in Su Manjing's place.
On the evening of August 1, 2023, when Xiao Yan was playing on the platform in front of Su Manjing's rented house, Bian Mu, who was not rope towed and did not wear a muzzle, suddenly pounced on Xiao Yan from behind and bit her left leg.
Xiao Yan's parents immediately called the police and sent Xiao Yan to the town health center for medical treatment. After diagnosis, Xiao Yan's left calf was exposed to 0.5 cm of skin bleeding, a little even deep under the skin, and the exposure level of the injured wound was grade 3. The doctor's treatment opinion is: give Xiaoyan rabies vaccination, rinse the wound, change the dressing, inject rabies immune globulin, and take a full 3-day leave.
Xiaoyan's parents sent a list of medical expenses to Su Manjing through WeChat, demanding that she pay 8,000 yuan in compensation.
Su Manjing believes that the amount of compensation they are asking for is too high, and the negotiation between the two sides has not been successful. After Xiao Yan's parents called the police, the police of the Liuzhou Municipal Public Security Bureau's Luorong Police Station organized mediation many times, but the mediation was fruitless due to major disagreements between the two parties on the amount of compensation.
02The keeper was sued for compensation
Xiao Yan's parents sued Su Manjing to the Yufeng District Court in the name of their daughter, requesting the court to order Su Manjing to compensate Xiao Yan for medical expenses, transportation expenses, nutrition expenses, nursing expenses, mental injury solace, lawyer's fees and other economic losses totaling more than 18,000 yuan;
"The severity of Xiao Yan's bite is the highest level of injury caused by a pet. We took many days off to take care of Xiaoyan at home and took her to the hospital to change dressings. After Xiao Yan was bitten by a dog, she had nightmares at night, and when she saw a dog, she was frightened and avoided, and she didn't even dare to go out. Xiao Yan's parents said that Su Manjing raised pet dogs without going through legal procedures, and did not take any safety measures to prevent pet dogs from hurting people during the breeding period, resulting in Xiao Yan being bitten and causing serious damage to the legitimate interests and spirit of Xiao Yan and her family.
"The dog was fostered by a friend and I was in charge of vaccinating the dog. I was going to take my dog home and take off the leash so I could get it in the car. After the accident, I immediately asked Xiaoyan's parents to send her to the hospital for treatment, and said that they would bear the medical expenses. I didn't shirk my responsibility. Su Manjing said that she was very remorseful, but the amount of compensation claimed by Xiaoyan's parents was too high and did not provide relevant bills.
"Xiao Yan has been in contact with this dog before, and it's fine, is it that she has attacked and intimidated this time, and the dog attacks people only when it is frightened?" Su Manjing asked.
After the Yufeng District Court filed the case, it added Ou Yuezhu and Ou Yuezhu's boyfriend Zhu Shangda as a third party to participate in the lawsuit ex officio.
Ou Yuezhu and Zhu Shangda said that the border collie was not a fierce dog, but a domestic dog, and there was no evidence that the dog took the initiative to attack.
03 The owner and the breeder of the dog are jointly responsible
After the trial, the Yufeng District Court held that Xiao Yan was only 7 years old, did not have full capacity for civil conduct, and it was normal to be afraid of large dogs, and it was impossible for her to take the initiative to attack the border collie raised by Su Manjing; even if Xiao Yan had no dog attack incident before contact with the dog, there was no guarantee that such an incident would not happen in the future; Su Manjing had no evidence to prove that Xiao Yan deliberately teased or attacked the pet dog, causing the dog to be frightened and attack Xiao Yan. The main fault of this incident is that Su Manjing did not hold the pet dog with a leash and did not muzzle it.
Xiao Yan was bitten by a dog, and she will be frightened to a certain extent, and there is a certain psychological shadow. Although Xiao Yan was not disabled by this incident, the physical and mental damage she suffered was obvious. The injury was caused by Su Manjing's violation of the law by failing to take safety measures for her pets, and the infringing place was an open public place, and her fault liability was obvious. From the perspective of caring for and protecting minors, taking into account the local living standards, and taking into account the fact that Su Manjing and Ou Yuezhu have no regular income, the court decided that the solatium for mental injury was 3,000 yuan.
Xiao Yan's sequelae or symptoms caused by being bitten by a pet dog did not actually occur, and there was no factual basis, and the court rejected Xiao Yan's claim that Su Manjing should bear full responsibility for this in the future.
After accounting, the court determined that Xiao Yan should receive a total of 7,019.4 yuan for medical expenses, nursing expenses, nutrition expenses, transportation expenses, and solatium for mental damages.
The Yufeng District Court pointed out that the health of citizens is protected by law, and if they infringe on the health of others without reason, they should bear the losses caused to the victims, and if the animals they raise cause damage to others, the animal keepers or managers should bear tort liability. Xiao Yan was playing in an open public place, and there was no evidence that she deliberately teased or attacked the pet dog, causing the pet dog to be frightened and attack her, so Xiao Yan was not at fault. Su Manjing did not lead the pet dog with a leash, put it in a cage or take other safety measures, and was grossly at fault and was liable for compensation.
Ou Yuezhu is the owner of the pet dog, and is aware of the potential safety hazards of the pet dog, and failed to fulfill the safety reminder obligation in the process of selecting the manager and managing the pet dog to the manager, and the negligent act has a causal relationship with the consequences of the pet dog harming others, and Su Manjing bears joint liability for compensation. Zhu Shangda and Ou Yuezhu are a couple, and there is no evidence to prove that the pet dog is shared by both parties, and there is no legal obligation to give safety tips.
The Yufeng District Court made a judgment: Su Manjing and Ou Yuezhu compensated Xiaoyan 7,019.4 yuan. At present, the judgment has entered into force. (All names in the article have been changed)
Links to legal provisions
Article 1245 of the Civil Code: If an animal is raised and causes damage to others, the animal keeper or manager shall bear tort liability;
Article 1246 of the Civil Code: Where a person violates the management provisions and fails to take safety measures for the animal and causes damage to others, the animal keeper or manager shall bear tort liability;
Article 30 of the Animal Epidemic Prevention Law stipulates that those who carry dogs out of the house shall wear dog tags and take measures such as leashing dogs in accordance with regulations to prevent dogs from injuring people and spreading diseases.
Article 28 of the "Patriotic Health Regulations of the Autonomous Region": Those who carry dogs, cats and other pets out in the city shall be led by adults with a leash, put in cages or take other safety measures in accordance with regulations, and take the initiative to avoid pedestrians; In addition, indoor public places such as supermarkets, shopping malls, and restaurants may prohibit pet dogs and cats from entering for safety and public health reasons.
[Source: Guangxi High Court]
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